The appellant, in Kuwait, had fraudulently caused a bank there to credit his bank balances in England.
Held: The court discussed its jurisdiction: ‘It is of course a basic principle of our criminal law that no British subject can be tried under English law for an offence committed on land abroad, unless there is a statutory provision to the contrary. In so far as offences under section 15 of the Theft Act are concerned, it is accepted on both sides in this appeal that the question on the issue of jurisdiction in this territorial context is whether the obtaining of the property concerned occurred within the jurisdiction. If authority is required for that proposition it is to be found in HARDEN (1962) 46 Cr. App.R. 90; [1963] 1 Q.B. 8 and in Governor of Pentonville Prison, ex parte Khubchandani (1980) 71 Cr. App.R 241.’
Citations:
(1984) 79 Cr App R 191
Statutes:
Jurisdiction:
England and Wales
Citing:
Applied – Governor of Pentonville Prison ex parte Khubchandani QBD 1980
The court considered whether certain conduct, part of which took place in Ghana, would, mutatis mutandis , have constituted an offence over which the English court had jurisdiction.
Held: ‘Where a deception is made in this country, but the . .
Cited – Regina v Harden 1962
The appellant, in England, sent false hire purchase agreements to a company in Jersey, who posted back cheques to him. The court analysed the transaction in contractual terms, and held that as the post office was the appellant’s agent to carry the . .
Applied – Director of Public Prosecutions v Stonehouse HL 1977
The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida. The final act alleged to constitute the offence occurred outside the jurisdiction of the English . .
Cited by:
Cited – Regina v Manning CACD 24-Jun-1998
The defendant appealed his conviction for obtaining property by deception where part of the offence had taken place abroad.
Held: Smith should be overturned. The last act or terminatory theory remains the binding common law of England and . .
Cited – Regina v Manning CACD 24-Jun-1998
The defendant appealed his conviction for obtaining property by deception where part of the offence had taken place abroad.
Held: Smith should be overturned. The last act or terminatory theory remains the binding common law of England and . .
Cited – Wang, Regina v HL 10-Feb-2005
The appellant was waiting for a train when his bag was stolen. After a search, the thief tried to deter the appellant from calling the police by suggesting that the bag contained items the appellant should not be carrying. From the bag the appellant . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 29 April 2022; Ref: scu.196564
